W52H0909C0116P0002.pdf

CONTROL # ACB090074

Program/Item: Mortar Mounts/

60MM Mortars

Est. Dollar Value: $384,977.24.00

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Agency: U.S. Army TACOM Contracting Center, Rock Island, IL 61299-7630.

2. Description of Action: This action will result in a firm fixed price contract with General

Manufacturing. Award is projected for the (4 th

Qtr FY 2009) and FY 2007 APA funds will be used. An acquisition plan is not required because it does not meet the dollar threshold for an acquisition plan.

3. Description of Supplies/Services: 76 each 60MM Mortar Mounts, NSN 1010-01-521-1614, PN 11579090. The estimated value is $384,977.24. The proposed contract will not include an option provision.

4. Authority Cited: 10 USC 2304(c)(2), (FAR Title) as implemented by FAR 6.302-2, Unusual and Compelling Urgency.

5. Reason for Authority Cited: Procurement by other than full and open competition is necessary because the items are urgently required by the PM for units directly engaged in the

Operation Iraqi Freedom (OIF) and Operation and Enduring Freedom (OEF) missions in Iraq and Afghanistan. A total of 76 are needed by the PM at the earliest possible date. Although the

Government owns a competitive technical data package (TDP), the normal lead time, including first article test report, for the 60MM Mortar Mount is XXXdays after contract award.

The urgency first became known to exist in July of 2009. At that time it was identified that delivery of the new Light Weight M170 bipods would not meet the required fielding schedule as established by the G-8. The PM has a contract for the new Light Weight M170 Bipods with

Matech (W15QKN-08-C-0455). During contract performance, technical issues arose which identified problems with the technical data package (TDP). Engineering Change Proposal (ECP) actions to remedy the technical issues were complete by the end of February, 2009. However, deficiencies in the contractor’s accounting system were then discovered. The contractor was unable to provide accurate and verifiable pricing data due to the deficient accounting/costing system. Therefore, extensive audits were required, and then protracted discussions with the contractor were required to resolve the deficiencies in their proposal. For these reasons, implementation of the ECPs was delayed until the end of August 2009. Thus, the current delivery schedule for the new Light Weight M170 Bipods on Matech’s contract is March 2010 for first article test (FAT) and Jun 2010 for the first production lot.

General Manufacturing is the only recent supplier of the 60MM Mortar Mount. It produced the item under Contract W52H09-06-C-0030 which was awarded as the result of a competitive solicitation. Since then, Contract W52H09-09-C-0116 was awarded on 28 Aug 2009 under urgency procedures for a quantity of 211 each needed to cover backorders and increased demands due to increased failures, RESET, and the above stated delays in fielding the new light weight bipods. It is the only potential supplier that has the tooling, recent experience, and will not require a first article test and is therefore able to deliver the product significantly sooner than any other producer. Estimated delivery will be on or before 26Mar 2010 for the quantity of 211 each. The additional quantity needed by the PM could be added to this contract under

Modification P00002, with an anticipated delivery of the 76 on or before 30 Apr 2010.

Competitive RFP W52H09-09-R-0069, which will result in a firm fixed price indefinite delivery, indefinite quantity (IDIQ) contract with 4 Ordering Periods in effect through 31 Dec

2013, is currently on the street and is expected to close on 19 Oct 2009 with award anticipated in

December 2009. If awarded to a contractor requiring a first article, deliveries will not begin until

420 days after award of the contract (estimated to be 24 Feb 2011).

6. Efforts to Obtain Competition: Competition for this procurement action is not being pursued due to the urgent need for the items.

7. Actions to Increase Competition: A competitive RFP which will result in an indefinite delivery indefinite quantity (IDIQ) contract with 4 Ordering Periods in effect through

31 Dec 2013, is currently on the street and is expected to close on 19 Oct 2009.

8. Market Research: There is a competitive TDP in place defining the exact, form, fit and function of the parts. The parts are unique military items used only on the 60MM Mortar which has no commercial equivalent. The components of the assemblies are also defined by TDP to assure form, fit, and function and are also procured competitively. A review of product literature made available on line by manufacturers, distributors, and dealers shows no commercial or non-developmental item that will satisfy the Army’s requirement for these items.

9. Interested Sources: There will be other sources interested in the competitive acquisition but there are none that could have first article waived and therefore none that can deliver a product before General Manufacturing.

10. Other Factors:

Procurement History:

Contract: W52H09-09-C-0116

Contractor: General Manufacturing

Award Date: 28 Aug 09

Competitive Status: noncompetitive

11. Technical Certification: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

Name: XXXXX_____________ Date: ____14 Sep 2009_________

Title: _Artillery & Mortars Branch Chief Signature: /s/ XXXXX___

12. Requirement Certification: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

Name: XXXXXX Date: 15 Sept 09

Title: Ch, Mortars, Targetry and Close Combat Group Signature: XXXXXXX

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost for this contract action will be determined fair and reasonable based on price analysis. Certified cost and pricing data is not required in accordance with FAR 15-403-1(b)(1) as defined by the standards in 15-403-1 (c)(1)(iii).

Name: DaNell D. Jukulen Date: ___16 Sep 09__________________

Title: Contracting Officer Signature: ___//signed//_____________________

14. Contracting Officer Certification: I certify that this J&A is accurate and complete to the best of my knowledge and belief.

Name: DaNell D. Jukulen Date: __16 Sep 09_________________________

Title: Contracting Officer Signature: _____//signed//___________________

AMSTA-LR _____//signed//XXXXXX_______________9/16/2009________________

Concur signature date